Kernrechtsfrage
Whether the Obergericht's assessment of the evidence was arbitrary and violated the principle in dubio pro reo.
Extrahierter Entscheid
Yes. The cantonal court ignored significant exculpatory statements made early in the proceedings and did not sufficiently address the language abilities relevant to interpreting the witnesses' statements.
Extrahierte Begründung
The Federal Court held that the lower court relied selectively on early statements implicating the appellant while disregarding equally early statements from the same witness that supported the defense. In a difficult evidentiary case, especially after divergent cantonal outcomes, all decisive evidence had to be considered. The court also criticized the assumption about language skills, since the cantonal court had not personally heard the witnesses and lacked a sound basis for judging their linguistic competence.